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Citizenship involves the rights and duties of being a citizen of a country. Citizens have rights given by their country's government, such as protection under laws, and duties like being loyal. Citizenship differs from nationality, as nationality refers to one's country of origin but does not guarantee citizenship. A financial emergency allows a government to take extraordinary measures to address a financial crisis, such as reducing salaries, but can be revoked by the president or parliament. Habeas corpus is a writ used to challenge unlawful detention and secure a prisoner's release.

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0% found this document useful (0 votes)
26 views

Coi MST

Citizenship involves the rights and duties of being a citizen of a country. Citizens have rights given by their country's government, such as protection under laws, and duties like being loyal. Citizenship differs from nationality, as nationality refers to one's country of origin but does not guarantee citizenship. A financial emergency allows a government to take extraordinary measures to address a financial crisis, such as reducing salaries, but can be revoked by the president or parliament. Habeas corpus is a writ used to challenge unlawful detention and secure a prisoner's release.

Uploaded by

Partima Jain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Nahonol ertatncg
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slaeseathhhon
ndamentol duhies

habeascoh
Citizenship iseverything that has to
do with being a citizen, or full
member, of a country. Citizens
have rights that are given by the
cOuntry's government. For
example, citizens have the right to
be protected by a country's laws. In
return, citizens have duties that
they owe to the country. One of the
most important duties is being
loyal to the country.
Citizenship is different than
nationality. A person's nationality
tells which country that person
(called a national) is from. But
nationals from a certaincountry
are not always citizens of that
country. They may have gained
citizenship in another country. Or
they may have lost their citizenship.
People who live in acountry but
are not citizens or nationals of that
COuntry are sometimes called
aliens.
The president is the Supreme
Commander of the Indian Armed
Forces. Only the president can
declare war or conclude peace,on
the advice of the Union Council of
Ministers headed by the prime
minister. Allimportant treaties and
Contracts are made in the
president's name.
Nationlemergency can be declared on
the basis of war, external aggression or
armed rebellion. The Constitution employs
the expression proclamation of
emergency' to denote an emergency of
this type. Under Article 352, the President
declarea national emergency when
the security of India or a part of it is
threatened by war or externalaggression
or armed rebellion. The phrase 'armed
rebellion' was inserted by the 44th
Amendment Act of 1978, replacing the
original phrase 'internal disturbance'.
What are Fundamental
Rights?
Fundamental rights are the basic human
rights enshrined in the Constitution of
India which are guaranteed to all citizens.
They are applied without discrimination on
ie basis of race, religion, gender, etc.
gnificantly, fundamental rights are
nforceable by the courts, subject to
ertain conditions.
Why are they called Fundamental Rights?

These rights are called fundamental rights


because of two reasons:

1. They are enshrined in the


Constitution which guarantees them
2. They are justiciable (enforceable by
courts). Incase of a violation, a
person can approach a court of law.

ow many Fundamental Rights


re there in Indian Constitution?
nere are six fundamental rights of Indian
Constitution along with the constitutional
articles related to them are mentioned
below:

1. Right to Equality (Article 14-18)


2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23
24)
4. Right to Freedom of Religion (Article
25-28)
5.Cultural andEducational Rights
(Article 29-30)
6. Right to Constitutional Remedie_
(Article 32)
The Constitution of India begins with a
Preamble. The Preamble contains the
ideals, objectives and basic principles of
the Constitution. The salient features of the
Constitution have evolved directly and
indirectly from these objectives which flow
from the Preamble.

Major Features of lndianConstitution


-UPSC Notes
Download PDF Here

Our Constitution has adopted the best


features of most of the major constitutions
of the world as per the needs of the
country. Though borrowed from many
constitutions around the world, the
Constitution of India has several salient
features that distinguish it from the
constitutions of other countries.
Constitution of India - Major Features
1. Lengthiest Writtern Constitution
2. Drawn from Various Sources

3.Blend of Rigidity and Flexibility


4. Federal System with Unitary Bias
5.Parliamentary Form of Governmnent
6. Synthesis of Parliamentary
Sovereignty and Judicial Supremacy
7. Rule Of Law

8. Integrated and Independent Judiciary


9. Fundamental Rights

10. Directive Principles of State Policy


11. Fundamental Duties

12. Indian Secularism

13. Universal Adult Franchise

14. Single Citizenship


15. Independent Bodies
16. Emergency Provisions
17. Three-tier Government

18. Co-operative Societies


The main features of the Indian Constitution
are listed below:

1. Federalism: This applies to the fact


that the country has more than one
level of government. In India, there are
governments at the state and central
levels, as well as Panchayati Raj at the
village level. The Constitution has lists
that outline the topics on which each
tier of government may pass
legislation. Besides that, the
Constitution specifies where each tier
of government can income in the form
of the function that it does. Laws and
laws proposed by both of these tiers of
government control all citizens in India.

2. Parliamentary Form of Government: The


people of India have aclear influence on who
their leaders are. Besides that, every resident
of the world, regardless of social status, is
eligible to vote in elections.
3. Separation of Powers: There are three
branches of government:

"The legislature:The assembly refers to


the people's elected officials.
" The executive: a smaller group of
individuals who are in charge of
enforcing rules and running the country.
The judiciary: applies to India's justice
system.

Each of the above-mentioned government


organs serves as a check on the others. This
maintains the balance of power amongall
three.

4. Directive Principles of State Policy: The


Constitution has a section called Directive
Principles of State Policy in addition to
Fundamnental Rights. It ensures greater
socialand economic reforms andserves as a
roadmap for independent Indian states to
implement laws and policies that contribute
to the reduction of mass poverty.
Other Features

A secular state is one in which the


government does not formally support any
particular religionas the state religion.

The Constitution is critical in setting out the


values that we want all people of the
republic, and the leaders we elect to rule us,
to adhere to.

Fundamental Rights
The Fundamental Rights are referred to as
the Indian Constitution's "conscience."
Fundamental Rights protect people from the
state's arbitrary and absolute exercise of
authority. Individuals' rights are written in the
Constitution both against the State and
against other individuals.

There are six Fundamental Rights in the


Indian Constitution, which are:

1. Right to Equality
2. Right toFreedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Education as Right:
6. Right to Constitution Remedies
1. Abide by the
Constitution and
respect national
flag & National
Anthem

2. Follow ideals of
the freedom

struggle
3. Protect

sovereignty &
integrity of India
4. Defend the

country and
render national
services when

called upon
List of
5. Sprit of common
Fundamental brotherhood
Duties
6. Preserve

composite
7. Preserve natural
environment
List of
5. Sprit of common
Fundamental brotherhood
Duties
6. Preserve

composite culture

7. Preserve natural
environment

8. Develop scientific
temper

9. Safeguard public
property

10. Strive for


excellence

11. Duty fo all


parents/guardians
tosend their
children in the
age group of 6-14
years tOschool.
How easy is it to approve afinancial
emergency?

Aresolution approving the proclamation


of financial emergency can be passed by
either House of Parliament only by a
simple majority (that is,a majority of the
membersof that house present and
voting).
To read more about the types of Majorities
in the Indian Parliament, check the linked
article.

Howto revoke afingncial emergency?

Aproclamation of Financial Emergency


may be revoked by the president at any
time by a subsequent proclamation. Such
a proclamation doesn't require the
approval of Parliament.
Consequences of Financial
Emergency
The consequences of sucha declaration
are as follows:

1. The Union government shall give


directions to any State to observe
such canons of financial propriety as
may be specified in the directions.
2. The directions may include:
ThePresident mayorder the
States toreduce the salaries
andallowances of allor any
class of employees serving in
connection with the state of
affairs.

"Money bills or other financial


bills are to be reserved for the
consideration of the President

after theyare passed by the


Legislature of the State.
Also, the President can issue
directions for the reduction of
salaries and allowances of all

or any class of persons serving


in connection with the affairs
of the Union, including the
Judges of the Supreme Cl
and the High Courts.
Habeas Corpus

"Habeas Corpus' literally means "to


have a body of". This writ is used to
release a person who has been
unlawfully detained or imprisoned. By
virtue of this writ, the Court directs the
person so detained to be brought
before it to examine the legality of his
detention. If the Court concludes that
the detention was unlawful, then it
directs the person to be released
immediately. Circumstances of unlawful
detention are:
" The detention was not done in

accordance withthe prOcedure


laid down. For instance, the person
was not produced before a
Magistrate within 24 hours of his
arrest.

"The person was arrestedwhen he


did not violate any law.

" An arrest was made under a law


that is unconstitutional.

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